United States v. Requena Best Lawyers in Chandigarh

Best Lawyers in Chandigarh The Second Circuit affirmed Defendants Requena and Raymond's conviction for one count of conspiracy to possess with intent to distribute and to distribute a controlled substance analogue. Defendants were convicted under the Controlled Substance Analogue Enforcement Act, which provides that substances with chemical and pharmacological properties "substantially similar" to those of substances listed on schedule I or II are treated for the purposes of federal law as controlled substances. The court held that the Analogue Act's instruction to treat a substance with chemical and pharmacological properties “substantially similar” to those of a scheduled substance as a controlled substance in schedule I is not unconstitutionally vague on its face, certain Supreme Court decisions notwithstanding. The court also held that the evidence was sufficient to support the conviction; the district court did not abuse its discretion by allowing the government's expert to testify; the district court correctly instructed the jury that it need not unanimously agree on which of the six synthetic cannabinoids charged in the indictment meet the statutory definition of a controlled substance analogue; the district court made all of the factual findings necessary to calculate defendants' base offense level at sentencing; and, because defendants are entitled to no relief in connection with their drug conviction, their money laundering conviction likewise stands. View "United States v. Requena" on Justia Law

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